Negotiated Procurement for the Supply, Delivery and Installation of Various Network Security Tools Department of Science and Technology INFORMATION AND COMMUNICATIONS TECHNOLOGY OFFICE BIDS AND AWARDS COMMITTEE FOR INTEGRATED GOVERNMENT PHILIPPINES (BAC4IGOV) June 2015 INFORMATION AND COMMUNICATIONS TECHNOLOGY OFFICE ICTO Building, C.P. Garcia Avenue, Diliman, Quezon City 1101, Philippines +63 (02) 920-0101
TABLE OF CONTENTS SECTION I. INVITATION FOR NEGOTIATION.. 3-5 SECTION II. INSTRUCTIONS TO INVITED SUPPLIERS.. 6-37 SECTION III. PROPOSAL DATA SHEET.. 38-50 SECTION IV. GENERAL CONDITIONS OF CONTRACT 51-68 SECTION V. SPECIAL CONDITIONS OF CONTRACT. 69-77 SECTION VI. SCHEDULE OF REQUIREMENTS.. 78-79 SECTION VII. TECHNICAL SPECIFICATIONS. 80-88 SECTION VIII. PROPOSAL FORMS.. 89-123 SECTION IX. POST QUALIFICATION DOCUMENT.. 124-125 SECTION X. REFERENCE DOCUMENTS. 126-128 SECTION XI. CHECKLIST OF REQUIREMENTS. 133-133 Page 2 of 133
Section I. Invitation for Negotiation Page 3 of 133
Invitation for Negotiated Procurement Two Failed Competitive Public Biddings Supply, Delivery and Installation of Various Network Security Tools In view of the two (2) failed biddings, the Information Communication and Technology Office (ICTO) through Bids and Awards Committee for igovphil (Integrated Government Philippines Project) invite suppliers to participate in the negotiation for the Project, Supply, Delivery and Installation of Various Network Security Tools in accordance with Section 53.1 of the Revised Implementing Rules and Regulations of Republic Act No. 9184, otherwise known as the Government Procurement Reform Act. The Approved Budget for the Contract as well as the Cost of Bidding Documents is hereunder specified: Lot No. 1 2 Details Approved Budget for the Contract (PhP) Cost of Negotiation Documents (PhP) Network Security Tools Supply, Delivery and Installation of Network 6,700,242 10,000 Penetration Testing Software Supply, Delivery and Installation of Web 1,026,816 1,000 Vulnerability Scanner The schedule of bidding activities are herein stated below: Activities Schedule Venue Posting of Request for Quotation June 24, 2015 BAC4IGOV Secretariat Issuance and Availability of Request for Quotation Pre-Negotiation Conference Starting June 24, 2015 June 30, 2015 1:00 P.M. Room 106 No. 106, Ground Floor, ICT Building, Carlos P. Garcia Avenue, Diliman, Quezon City Room 305, ICT Building Carlos P. Garcia Avenue Diliman, Quezon City Page 4 of 133
Submission of Eligibility, Technical Components and Financial Documents Opening of Proposal/Offers and Negotiation July 14, 2015 12: 00 N.N. July 14, 2015 2: 00 P.M. ICT Office Lobby Ground Floor ICT Office Building Carlos P. Garcia Avenue Diliman, Quezon City Room 305, ICT Building Carlos P. Garcia Avenue Diliman, Quezon City Invited Suppliers shall be issued a Negotiation Documents upon presentation of the Letter of Invitation. Other interested suppliers may acquire Negotiation Documents upon payment of a nonrefundable fee as stated above through the Bids and Awards Committee for Integrated Government Philippines (BAC4IGOV) Secretariat at Room 106 No. 106, Ground Floor, ICT Building, Carlos P. Garcia Avenue, Diliman, Quezon City from 9:00 AM to 5:00 PM, Mondays to Fridays, except Holidays. Payment may be made over the counter through the ICT Office Cashier or through online payment. Instructions for online payment of the bidding documents are posted in this website: i.gov.ph/procurement/ ICTO reserves the right to accept or reject any or all bid proposals, to annul the procurement process at any time prior to contract award, without thereby incurring any liability to the affected Supplier or Suppliers. For further information, please refer to: JENNIFER C. PACATANG Head, Secretariat Bids and Awards Committee for igovphil (BAC4iGov) 2nd floor, ICTO Building, C. P. Garcia Avenue, Diliman, Quezon City, Metro Manila Telephone No.: 920-7420 or 920-0101 loc. 2631 Fax No.: 920-7447 Email: bac4igov@icto.dost.gov.ph Web: www.icto.dost.gov.ph or www.i.gov.ph (SGD) DENIS F. VILLORENTE Chairman, BAC4iGov Page 5 of 133
Section II. Instruction to Invited Suppliers Page 6 of 133
A. General 1. Scope of Bid 1.1. The procuring entity named in the BDS (hereinafter referred to as the Procuring Entity ) wishes to receive bids for supply and delivery of the goods as described in Section VII. Technical Specifications (hereinafter referred to as the Goods ). 1.2. The name, identification, and number of lots specific to this bidding are provided in the BDS. The contracting strategy and basis of evaluation of lots is described in ITB Clause 28. 2. Source of Funds The Procuring Entity has a budget or has applied for or received funds from the Funding Source named in the BDS, and in the amount indicated in the BDS. It intends to apply part of the funds received for the Project, as defined in the BDS, to cover eligible payments under the contract. 3. Corrupt, Fraudulent, Collusive, and Coercive Practices 3.1. Unless otherwise specified in the BDS, the Procuring Entity as well as the Suppliers and suppliers shall observe the highest standard of ethics during the procurement and execution of the contract. In pursuance of this policy, the Procuring Entity: (a) defines, for purposes of this provision, the terms set forth below as follows: (i) corrupt practice means behavior on the part of officials in the public or private sectors by which they improperly and unlawfully enrich themselves, others, or induce others to do so, by misusing the position in which they are placed, and includes the offering, giving, receiving, or soliciting of anything of value to influence the action of any such official in the procurement process or in contract execution; entering, on behalf of the government, into any contract or transaction manifestly and grossly disadvantageous to the same, whether or not the public officer profited or will profit thereby, and similar acts as provided in RA 3019. Page 7 of 133
(ii) (iii) (iv) (v) fraudulent practice means a misrepresentation of facts in order to influence a procurement process or the execution of a contract to the detriment of the Procuring Entity, and includes collusive practices among Suppliers (prior to or after bid submission) designed to establish bid prices at artificial, non-competitive levels and to deprive the Procuring Entity of the benefits of free and open competition. collusive practices means a scheme or arrangement between two or more Suppliers, with or without the knowledge of the Procuring Entity, designed to establish bid prices at artificial, non-competitive levels. coercive practices means harming or threatening to harm, directly or indirectly, persons, or their property to influence their participation in a procurement process, or affect the execution of a contract; obstructive practice is (aa) (bb) deliberately destroying, falsifying, altering or concealing of evidence material to an administrative proceedings or investigation or making false statements to investigators in order to materially impede an administrative proceedings or investigation of the Procuring Entity or any foreign government/foreign or international financing institution into allegations of a corrupt, fraudulent, coercive or collusive practice; and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the administrative proceedings or investigation or from pursuing such proceedings or investigation; or acts intended to materially impede the exercise of the inspection and audit rights of the Procuring Entity or any foreign government/foreign or international financing institution herein. (b) will reject a proposal for award if it determines that the Supplier recommended for award has engaged in any of the practices Page 8 of 133
mentioned in this Clause for purposes of competing for the contract. 3.2. Further, the Procuring Entity will seek to impose the maximum civil, administrative, and/or criminal penalties available under applicable laws on individuals and organizations deemed to be involved in any of the practices mentioned in ITB Clause 3.1(a). 3.3. Furthermore, the Funding Source and the Procuring Entity reserve the right to inspect and audit records and accounts of a Supplier or supplier in the bidding for and performance of a contract themselves or through independent auditors as reflected in the GCC Clause 3. 4. Conflict of Interest 4.1. All Suppliers found to have conflicting interests shall be disqualified to participate in the procurement at hand, without prejudice to the imposition of appropriate administrative, civil, and criminal sanctions. A Supplier may be considered to have conflicting interests with another Supplier in any of the events described in paragraphs (a) through (c) below and a general conflict of interest in any of the circumstances set out in paragraphs (d) through (f) below: (a) (b) (c) (d) A Supplier has controlling shareholders in common with another Supplier; A Supplier receives or has received any direct or indirect subsidy from any other Supplier; A Supplier has the same legal representative as that of another Supplier for purposes of this bid; A Supplier has a relationship, directly or through third parties, that puts them in a position to have access to information about or influence on the bid of another Supplier or influence the decisions of the Procuring Entity regarding this bidding process. This will include a firm or an organization who lends, or temporarily seconds, its personnel to firms or organizations which are engaged in consulting services for the preparation related to procurement for or implementation of the project if the personnel would be involved in any capacity on the same project; Page 9 of 133
(e) (f) A Supplier submits more than one bid in this bidding process. However, this does not limit the participation of subcontractors in more than one bid; or A Supplier who participated as a consultant in the preparation of the design or technical specifications of the Goods and related services that are the subject of the bid. 4.2. In accordance with Section 47 of the IRR of RA 9184, all Bidding Documents shall be accompanied by a sworn affidavit of the Supplier that it is not related to the Head of the Procuring Entity, members of the Bids and Awards Committee (BAC), members of the Technical Working Group (TWG), members of the BAC Secretariat, the head of the Project Management Office (PMO) or the end-user unit, and the project consultants, by consanguinity or affinity up to the third civil degree. On the part of the Supplier, this Clause shall apply to the following persons: (a) (b) (c) (d) If the Supplier is an individual or a sole proprietorship, to the Supplier himself; If the Supplier is a partnership, to all its officers and members; If the Supplier is a corporation, to all its officers, directors, and controlling stockholders; and If the Supplier is a joint venture (JV), the provisions of items (a), (b), or (c) of this Clause shall correspondingly apply to each of the members of the said JV, as may be appropriate. Relationship of the nature described above or failure to comply with this Clause will result in the automatic disqualification of a Supplier. 5. Eligible Suppliers 5.1. Unless otherwise provided in the BDS, the following persons shall be eligible to participate in this bidding: (a) (b) Duly licensed Filipino citizens/sole proprietorships; Partnerships duly organized under the laws of the Philippines and of which at least sixty percent (60%) of the interest belongs to citizens of the Philippines; Page 10 of 133
(c) (d) (e) Corporations duly organized under the laws of the Philippines, and of which at least sixty percent (60%) of the outstanding capital stock belongs to citizens of the Philippines; Cooperatives duly organized under the laws of the Philippines, and of which at least sixty percent (60%) of the interest belongs to citizens of the Philippines; and Unless otherwise provided in the BDS, persons/entities forming themselves into a JV, i.e., a group of two (2) or more persons/entities that intend to be jointly and severally responsible or liable for a particular contract: Provided, however, that Filipino ownership or interest of the joint venture concerned shall be at least sixty percent (60%). 5.2. Foreign Suppliers may be eligible to participate when any of the following circumstances exist, as specified in the BDS: (a) (b) (c) (d) When a Treaty or International or Executive Agreement as provided in Section 4 of the RA 9184 and its IRR allow foreign Suppliers to participate; Citizens, corporations, or associations of a country, included in the list issued by the GPPB, the laws or regulations of which grant reciprocal rights or privileges to citizens, corporations, or associations of the Philippines; When the Goods sought to be procured are not available from local suppliers; or When there is a need to prevent situations that defeat competition or restrain trade. 5.3. Government corporate entities may be eligible to participate only if they can establish that they (a) are legally and financially autonomous, (b) operate under commercial law, and (c) are not dependent agencies of the GOP or the Procuring Entity. 5.4. Unless otherwise provided in the BDS, the Supplier must have completed at least one contract similar to the Project the value of which, adjusted to current prices using the National Statistics Office consumer price index, must be at least equivalent to a percentage of the ABC stated in the BDS. Page 11 of 133
For this purpose, contracts similar to the Project shall be those described in the BDS, and completed within the relevant period stated in the Invitation to Bid and ITB Clause 12.1(a)(iv). 5.5. The Supplier must submit a computation of its Net Financial Contracting Capacity (NFCC) which must be at least equal to the ABC to be bid, calculated as follows: NFCC = [(Current assets minus current liabilities) (K)] minus the value of all outstanding or uncompleted portions of the projects under ongoing contracts, including awarded contracts yet to be started coinciding with the contract for this Project. Where: K = 10 for a contract duration of one year or less, 15 for a contract duration of more than one year up to two years, and 20 for a contract duration of more than two years. The values of the Supplier s current assets and current liabilities shall be based on the data submitted to the BIR, through its Electronic Filing and Payment System (EFPS). 6. Supplier s Responsibilities 6.1. The Supplier or its duly authorized representative shall submit a sworn statement in the form prescribed in Section VIII. Bidding Forms as required in ITB Clause 12.1(b)(iii). 6.2. The Supplier is responsible for the following: (a) (b) (c) (d) Having taken steps to carefully examine all of the Bidding Documents; Having acknowledged all conditions, local or otherwise, affecting the implementation of the contract; Having made an estimate of the facilities available and needed for the contract to be bid, if any; Having complied with its responsibility to inquire or secure Supplemental/Bid Bulletin(s) as provided under ITB Clause 10.3. Page 12 of 133
(e) (f) (g) (h) (i) (j) Ensuring that it is not blacklisted or barred from bidding by the GOP or any of its agencies, offices, corporations, or LGUs, including foreign government/foreign or international financing institution whose blacklisting rules have been recognized by the GPPB; Ensuring that each of the documents submitted in satisfaction of the bidding requirements is an authentic copy of the original, complete, and all statements and information provided therein are true and correct; Authorizing the Head of the Procuring Entity or its duly authorized representative/s to verify all the documents submitted; Ensuring that the signatory is the duly authorized representative of the Supplier, and granted full power and authority to do, execute and perform any and all acts necessary and/or to represent the Supplier in the bidding, with the duly notarized Secretary s Certificate attesting to such fact, if the Supplier is a corporation, partnership, cooperative, or joint venture; Complying with the disclosure provision under Section 47 of RA 9184 in relation to other provisions of RA 3019; and Complying with existing labor laws and standards, in the case of procurement of services. Failure to observe any of the above responsibilities shall be at the risk of the Supplier concerned. 6.3. The Supplier is expected to examine all instructions, forms, terms, and specifications in the Bidding Documents. 6.4. It shall be the sole responsibility of the Supplier to determine and to satisfy itself by such means as it considers necessary or desirable as to all matters pertaining to the contract to be bid, including: (a) the location and the nature of this Project; (b) climatic conditions; (c) transportation facilities; and (d) other factors that may affect the cost, duration, and execution or implementation of this Project. 6.5. The Procuring Entity shall not assume any responsibility regarding erroneous interpretations or conclusions by the prospective or eligible Supplier out of the data furnished by the procuring entity. Page 13 of 133
6.6. The Supplier shall bear all costs associated with the preparation and submission of his bid, and the Procuring Entity will in no case be responsible or liable for those costs, regardless of the conduct or outcome of the bidding process. 6.7. Before submitting their bids, the Supplier is deemed to have become familiar with all existing laws, decrees, ordinances, acts and regulations of the Philippines which may affect this Project in any way. 6.8. The Supplier should note that the Procuring Entity will accept bids only from those that have paid the nonrefundable fee for the Bidding Documents at the office indicated in the Invitation to Bid. 7. Origin of Goods Unless otherwise indicated in the BDS, there is no restriction on the origin of goods other than those prohibited by a decision of the United Nations Security Council taken under Chapter VII of the Charter of the United Nations, subject to ITB Clause 27.1. 8. Subcontracts 8.1. Unless otherwise specified in the BDS, the Supplier may subcontract portions of the Goods to an extent as may be approved by the Procuring Entity and stated in the BDS. However, subcontracting of any portion shall not relieve the Supplier from any liability or obligation that may arise from the contract for this Project. 8.2. Subcontractors must comply with the eligibility criteria and the documentary requirements specified in the BDS. In the event that any subcontractor is found by the Procuring Entity to be ineligible, the subcontracting of such portion of the Goods shall be disallowed. 8.3. The Supplier may identify the subcontractor to whom a portion of the Goods will be subcontracted at any stage of the bidding process or during contract implementation. If the Supplier opts to disclose the name of the subcontractor during bid submission, the Supplier shall include the required documents as part of the technical component of its bid. Page 14 of 133
9. Pre-Bid Conference B. Contents of Bidding Documents 9.1. (a) If so specified in the BDS, a pre-bid conference shall be held at the venue and on the date indicated therein, to clarify and address the Suppliers questions on the technical and financial components of this Project. (b) The pre-bid conference shall be held at least twelve (12) calendar days before the deadline for the submission and receipt of bids. If the Procuring Entity determines that, by reason of the method, nature, or complexity of the contract to be bid, or when international participation will be more advantageous to the GOP, a longer period for the preparation of bids is necessary, the pre-bid conference shall be held at least thirty (30) calendar days before the deadline for the submission and receipt of bids, as specified in the BDS. 9.2. Suppliers are encouraged to attend the pre-bid conference to ensure that they fully understand the Procuring Entity s requirements. Nonattendance of the Supplier will in no way prejudice its bid; however, the Supplier is expected to know the changes and/or amendments to the Bidding Documents discussed during the pre-bid conference. 9.3. Any statement made at the pre-bid conference shall not modify the terms of the Bidding Documents unless such statement is specifically identified in writing as an amendment thereto and issued as a Supplemental/Bid Bulletin. 10. Clarification and Amendment of Bidding Documents 10.1. Suppliers who have purchased the Bidding Documents may request for clarification on any part of the Bidding Documents for an interpretation. Such request must be in writing and submitted to the Procuring Entity at the address indicated in the BDS at least ten (10) calendar days before the deadline set for the submission and receipt of bids. 10.2. Supplemental/Bid Bulletins may be issued upon the Procuring Entity s initiative for purposes of clarifying or modifying any provision of the Bidding Documents not later than seven (7) calendar days before the deadline for the submission and receipt of bids. Any modification to the Bidding Documents shall be identified as an amendment. Page 15 of 133
10.3. Any Supplemental/Bid Bulletin issued by the BAC shall also be posted on the Philippine Government Electronic Procurement System (PhilGEPS) and the website of the Procuring Entity concerned, if available. It shall be the responsibility of all Suppliers who secure the Bidding Documents to inquire and secure Supplemental/Bid Bulletins that may be issued by the BAC. However, Suppliers who have submitted bids before the issuance of the Supplemental/Bid Bulletin must be informed and allowed to modify or withdraw their bids in accordance with ITB Clause 23. 11. Language of Bid C. Preparation of Bids The bid, as well as all correspondence and documents relating to the bid exchanged by the Supplier and the Procuring Entity, shall be written in English. Supporting documents and printed literature furnished by the Supplier may be in another language provided they are accompanied by an accurate translation in English certified by the appropriate embassy or consulate in the Philippines, in which case the English translation shall govern for purposes of interpretation of the bid. 12. Documents Comprising the Bid: Eligibility and Technical Components 12.1. Unless otherwise indicated in the BDS, the first envelope shall contain the following eligibility and technical documents: (a) Eligibility Documents Class A Documents: (i) (ii) Registration certificate from the Securities and Exchange Commission (SEC), Department of Trade and Industry (DTI) for sole proprietorship, or Cooperative Development Authority (CDA) for cooperatives, or any proof of such registration as stated in the BDS; Mayor s permit issued by the city or municipality where the principal place of business of the prospective Supplier is located; Page 16 of 133
(iii) (iv) Tax Clearance per Executive Order 398, Series of 2005, as finally reviewed and approved by the Bureau of Internal Revenue (BIR). Statement of all its ongoing and completed government and private contracts within the period stated in the BDS, including contracts awarded but not yet started, if any. The statement shall include, for each contract, the following: (iv.1) name of the contract; (iv.2) date of the contract; (iv.3) kinds of Goods; (iv.4) amount of contract and value of outstanding contracts; (iv.5) date of delivery; and (iv.6) end user s acceptance or official receipt(s) issued for the contract, if completed. (v) (vi) Audited financial statements, stamped received by the Bureau of Internal Revenue (BIR) or its duly accredited and authorized institutions, for the preceding calendar year, which should not be earlier than two (2) years from bid submission; NFCC computation in accordance with ITB Clause 5.5; and Class B Document: (vii) If applicable, the JVA in case the joint venture is already in existence, or duly notarized statements from all the potential joint venture partners stating that they will enter into and abide by the provisions of the JVA in the instance that the bid is successful. (b) Technical Documents (i) Bid security in accordance with ITB Clause 18. If the Supplier opts to submit the bid security in the form of: Page 17 of 133
(i.1) (i.2) a bank draft/guarantee or an irrevocable letter of credit issued by a foreign bank, it shall be accompanied by a confirmation from a Universal or Commercial Bank; or a surety bond, it shall be accompanied by a certification by the Insurance Commission that the surety or insurance company is authorized to issue such instruments; (ii) (iii) Conformity with technical specifications, as enumerated and specified in Sections VI and VII of the Bidding Documents; and Sworn statement in accordance with Section 25.2(a)(iv) of the IRR of RA 9184 and using the form prescribed Section VIII. Bidding Forms. 13. Documents Comprising the Bid: Financial Component 13.1. Unless otherwise stated in the BDS, the financial component of the bid shall contain the following: (a) (b) (c) Financial Bid Form, which includes bid prices and the bill of quantities and the applicable Price Schedules, in accordance with ITB Clauses 15.1 and 15.4; If the Supplier claims preference as a Domestic Supplier or Domestic Entity, a certification from the DTI, SEC, or CDA issued in accordance with ITB Clause 27, unless otherwise provided in the BDS; and Any other document related to the financial component of the bid as stated in the BDS. 13.2. (a) Unless otherwise stated in the BDS, all bids that exceed the ABC shall not be accepted. (b) Unless otherwise indicated in the BDS, for foreign-funded procurement, a ceiling may be applied to bid prices provided the following conditions are met: Page 18 of 133
14. Alternative Bids (i) Bidding Documents are obtainable free of charge on a freely accessible website. If payment of Bidding Documents is required by the procuring entity, payment could be made upon the submission of bids. (ii) The procuring entity has procedures in place to ensure that the ABC is based on recent estimates made by the responsible unit of the procuring entity and that the estimates reflect the quality, supervision and risk and inflationary factors, as well as prevailing market prices, associated with the types of works or goods to be procured. (iii) The procuring entity has trained cost estimators on estimating prices and analyzing bid variances. (iv) The procuring entity has established a system to monitor and report bid prices relative to ABC and engineer s/procuring entity s estimate. (v) The procuring entity has established a system to monitor and report bid prices relative to ABC and procuring entity s estimate. The procuring entity has established a monitoring and evaluation system for contract implementation to provide a feedback on actual total costs of goods and works. Alternative Bids shall be rejected. For this purpose, alternative bid is an offer made by a Supplier in addition or as a substitute to its original bid which may be included as part of its original bid or submitted separately therewith for purposes of bidding. A bid with options is considered an alternative bid regardless of whether said bid proposal is contained in a single envelope or submitted in two (2) or more separate bid envelopes. 15. Bid Prices 15.1. The Supplier shall complete the appropriate Price Schedules included herein, stating the unit prices, total price per item, the total amount and the expected countries of origin of the Goods to be supplied under this Project. Page 19 of 133
15.2. The Supplier shall fill in rates and prices for all items of the Goods described in the Bill of Quantities. Bids not addressing or providing all of the required items in the Bidding Documents including, where applicable, Bill of Quantities, shall be considered non-responsive and, thus, automatically disqualified. In this regard, where a required item is provided, but no price is indicated, the same shall be considered as nonresponsive, but specifying a "0" (zero) for the said item would mean that it is being offered for free to the Government. 15.3. The terms Ex Works (EXW), Cost, Insurance and Freight (CIF), Cost and Insurance Paid to (CIP), Delivered Duty Paid (DDP), and other trade terms used to describe the obligations of the parties, shall be governed by the rules prescribed in the current edition of the International Commercial Terms (INCOTERMS) published by the International Chamber of Commerce, Paris. 15.4. Prices indicated on the Price Schedule shall be entered separately in the following manner: (a) For Goods offered from within the Procuring Entity s country: (i) The price of the Goods quoted EXW (ex works, ex factory, ex warehouse, ex showroom, or off-the-shelf, as applicable), including all customs duties and sales and other taxes already paid or payable: (i.1) (i.2) on the components and raw material used in the manufacture or assembly of Goods quoted ex works or ex factory; or on the previously imported Goods of foreign origin quoted ex warehouse, ex showroom, or off-the-shelf and any Procuring Entity country sales and other taxes which will be payable on the Goods if the contract is awarded. (ii) (iii) The price for inland transportation, insurance, and other local costs incidental to delivery of the Goods to their final destination. The price of other (incidental) services, if any, listed in the BDS. Page 20 of 133
(b) For Goods offered from abroad: (i) (ii) Unless otherwise stated in the BDS, the price of the Goods shall be quoted DDP with the place of destination in the Philippines as specified in the BDS. In quoting the price, the Supplier shall be free to use transportation through carriers registered in any eligible country. Similarly, the Supplier may obtain insurance services from any eligible source country. The price of other (incidental) services, if any, listed in the BDS. 15.5. Prices quoted by the Supplier shall be fixed during the Supplier s performance of the contract and not subject to variation or price escalation on any account. A bid submitted with an adjustable price quotation shall be treated as non-responsive and shall be rejected, pursuant to ITB Clause 24. 16. Bid Currencies All bid prices shall be considered as fixed prices, and therefore not subject to price escalation during contract implementation, except under extraordinary circumstances. Extraordinary circumstances refer to events that may be determined by the National Economic and Development Authority in accordance with the Civil Code of the Philippines, and upon the recommendation of the Procuring Entity. Nevertheless, in cases where the cost of the awarded contract is affected by any applicable new laws, ordinances, regulations, or other acts of the GOP, promulgated after the date of bid opening, a contract price adjustment shall be made or appropriate relief shall be applied on a no loss-no gain basis. 16.1. Prices shall be quoted in the following currencies: (a) (b) For Goods that the Supplier will supply from within the Philippines, the prices shall be quoted in Philippine Pesos. For Goods that the Supplier will supply from outside the Philippines, the prices may be quoted in the currency(ies) stated in the BDS. However, for purposes of bid evaluation, bids denominated in foreign currencies shall be converted to Philippine currency based on the exchange rate as published in the BSP reference rate bulletin on the day of the bid opening. Page 21 of 133
16.2. If so allowed in accordance with ITB Clause 16.1, the Procuring Entity for purposes of bid evaluation and comparing the bid prices will convert the amounts in various currencies in which the bid price is expressed to Philippine Pesos at the foregoing exchange rates. 16.3. Unless otherwise specified in the BDS, payment of the contract price shall be made in Philippine Pesos. 17. Bid Validity 17.1. Bids shall remain valid for the period specified in the BDS which shall not exceed one hundred twenty (120) calendar days from the date of the opening of bids. 17.2. In exceptional circumstances, prior to the expiration of the Bid validity period, the Procuring Entity may request Suppliers to extend the period of validity of their bids. The request and the responses shall be made in writing. The bid security described in ITB Clause 18 should also be extended corresponding to the extension of the bid validity period at the least. A Supplier may refuse the request without forfeiting its bid security, but his bid shall no longer be considered for further evaluation and award. A Supplier granting the request shall not be required or permitted to modify its bid. 18. Bid Security 18.1. The bid security in the amount stated in the BDS shall be equal to the percentage of the ABC in accordance with the following schedule: Form of Bid Security Amount of Bid Security (Equal to Percentage of the ABC) (a) Cash or cashier s/manager s check issued by a Universal or Commercial Bank. (b) Bank draft/guarantee or irrevocable letter of credit issued by a Universal or Commercial Bank: Provided, however, that it shall be confirmed or authenticated by a Universal or Commercial Bank, if issued by a foreign bank. (c) Surety bond callable upon demand issued by a surety or insurance company duly certified by the Insurance Commission as authorized to issue such security. Two percent (2%) Five percent (5%) Page 22 of 133
(d) Any combination of the foregoing. Proportionate to share of form with respect to total amount of security For biddings conducted by LGUs, the Supplier may also submit bid securities in the form of cashier s/manager s check, bank draft/guarantee, or irrevocable letter of credit from other banks certified by the BSP as authorized to issue such financial statement. 18.2. The bid security should be valid for the period specified in the BDS. Any bid not accompanied by an acceptable bid security shall be rejected by the Procuring Entity as non-responsive. 18.3. No bid securities shall be returned to Suppliers after the opening of bids and before contract signing, except to those that failed or declared as post-disqualified, upon submission of a written waiver of their right to file a motion for reconsideration and/or protest. Without prejudice on its forfeiture, bid securities shall be returned only after the Supplier with the Lowest Calculated and Responsive Bid has signed the contract and furnished the performance security, but in no case later than the expiration of the bid security validity period indicated in ITB Clause 18.2. 18.4. Upon signing and execution of the contract pursuant to ITB Clause 32, and the posting of the performance security pursuant to ITB Clause 33, the successful Supplier s bid security will be discharged, but in no case later than the bid security validity period as indicated in the ITB Clause 18.2. 18.5. The bid security may be forfeited: (a) if a Supplier: (i) (ii) (iii) (iv) withdraws its bid during the period of bid validity specified in ITB Clause 17; does not accept the correction of errors pursuant to ITB Clause 28.3(b); fails to submit the requirements within the prescribed period or a finding against their veracity as stated in ITB Clause 29.2; submission of eligibility requirements containing false information or falsified documents; Page 23 of 133
(v) (vi) (vii) (viii) (ix) (x) (xi) (xii) submission of bids that contain false information or falsified documents, or the concealment of such information in the bids in order to influence the outcome of eligibility screening or any other stage of the public bidding; allowing the use of one s name, or using the name of another for purposes of public bidding; withdrawal of a bid, or refusal to accept an award, or enter into contract with the Government without justifiable cause, after the Supplier had been adjudged as having submitted the Lowest Calculated and Responsive Bid; refusal or failure to post the required performance security within the prescribed time; refusal to clarify or validate in writing its bid during postqualification within a period of seven (7) calendar days from receipt of the request for clarification; any documented attempt by a Supplier to unduly influence the outcome of the bidding in his favor; failure of the potential joint venture partners to enter into the joint venture after the bid is declared successful; or all other acts that tend to defeat the purpose of the competitive bidding, such as habitually withdrawing from bidding, submitting late Bids or patently insufficient bid, for at least three (3) times within a year, except for valid reasons. (b) if the successful Supplier: (i) fails to sign the contract in accordance with ITB Clause 32; or (ii) fails to furnish performance security in accordance with ITB Clause 33. 19. Format and Signing of Bids 19.1. Suppliers shall submit their bids through their duly authorized representative using the appropriate forms provided in Section VIII. Page 24 of 133
Bidding Forms on or before the deadline specified in the ITB Clauses 21 in two (2) separate sealed bid envelopes, and which shall be submitted simultaneously. The first shall contain the technical component of the bid, including the eligibility requirements under ITB Clause 12.1, and the second shall contain the financial component of the bid. 19.2. Forms as mentioned in ITB Clause 19.1 must be completed without any alterations to their format, and no substitute form shall be accepted. All blank spaces shall be filled in with the information requested. 19.3. The Supplier shall prepare and submit an original of the first and second envelopes as described in ITB Clauses 12 and 13. In the event of any discrepancy between the original and the copies, the original shall prevail. 19.4. The bid, except for unamended printed literature, shall be signed, and each and every page thereof shall be initialed, by the duly authorized representative/s of the Supplier. 19.5. Any interlineations, erasures, or overwriting shall be valid only if they are signed or initialed by the duly authorized representative/s of the Supplier. 20. Sealing and Marking of Bids 20.1. Suppliers shall enclose their original eligibility and technical documents described in ITB Clause 12 in one sealed envelope marked ORIGINAL - TECHNICAL COMPONENT, and the original of their financial component in another sealed envelope marked ORIGINAL - FINANCIAL COMPONENT, sealing them all in an outer envelope marked ORIGINAL BID. 20.2. Each copy of the first and second envelopes shall be similarly sealed duly marking the inner envelopes as COPY NO. - TECHNICAL COMPONENT and COPY NO. FINANCIAL COMPONENT and the outer envelope as COPY NO., respectively. These envelopes containing the original and the copies shall then be enclosed in one single envelope. 20.3. The original and the number of copies of the Bid as indicated in the BDS shall be typed or written in indelible ink and shall be signed by the Supplier or its duly authorized representative/s. 20.4. All envelopes shall: (a) contain the name of the contract to be bid in capital letters; Page 25 of 133
(b) (c) (d) (e) bear the name and address of the Supplier in capital letters; be addressed to the Procuring Entity s BAC in accordance with ITB Clause 1.1; bear the specific identification of this bidding process indicated in the ITB Clause 1.2; and bear a warning DO NOT OPEN BEFORE the date and time for the opening of bids, in accordance with ITB Clause 21. 20.5. If bids are not sealed and marked as required, the Procuring Entity will assume no responsibility for the misplacement or premature opening of the bid. D. Submission and Opening of Bids 21. Deadline for Submission of Bids Bids must be received by the Procuring Entity s BAC at the address and on or before the date and time indicated in the BDS. 22. Late Bids Any bid submitted after the deadline for submission and receipt of bids prescribed by the Procuring Entity, pursuant to ITB Clause 21, shall be declared Late and shall not be accepted by the Procuring Entity. 23. Modification and Withdrawal of Bids 23.1. The Supplier may modify its bid after it has been submitted; provided that the modification is received by the Procuring Entity prior to the deadline prescribed for submission and receipt of bids. The Supplier shall not be allowed to retrieve its original bid, but shall be allowed to submit another bid equally sealed, properly identified, linked to its original bid marked as TECHNICAL MODIFICATION or FINANCIAL MODIFICATION and stamped received by the BAC. Bid modifications received after the applicable deadline shall not be considered and shall be returned to the Supplier unopened. Page 26 of 133
23.2. A Supplier may, through a Letter of Withdrawal, withdraw its bid after it has been submitted, for valid and justifiable reason; provided that the Letter of Withdrawal is received by the Procuring Entity prior to the deadline prescribed for submission and receipt of bids. 23.3. Bids requested to be withdrawn in accordance with ITB Clause 23.1 shall be returned unopened to the Suppliers. A Supplier may also express its intention not to participate in the bidding through a letter which should reach and be stamped by the BAC before the deadline for submission and receipt of bids. A Supplier that withdraws its bid shall not be permitted to submit another bid, directly or indirectly, for the same contract. 23.4. No bid may be modified after the deadline for submission of bids. No bid may be withdrawn in the interval between the deadline for submission of bids and the expiration of the period of bid validity specified by the Supplier on the Financial Bid Form. Withdrawal of a bid during this interval shall result in the forfeiture of the Supplier s bid security, pursuant to ITB Clause 18.5, and the imposition of administrative, civil and criminal sanctions as prescribed by RA 9184 and its IRR. 24. Opening and Preliminary Examination of Bids 24.1. The BAC shall open the first bid envelopes of Suppliers in public as specified in the BDS to determine each Supplier s compliance with the documents prescribed in ITB Clause 12. For this purpose, the BAC shall check the submitted documents of each Supplier against a checklist of required documents to ascertain if they are all present, using a nondiscretionary pass/fail criterion. If a Supplier submits the required document, it shall be rated passed for that particular requirement. In this regard, bids that fail to include any requirement or are incomplete or patently insufficient shall be considered as failed. Otherwise, the BAC shall rate the said first bid envelope as passed. 24.2. Unless otherwise specified in the BDS, immediately after determining compliance with the requirements in the first envelope, the BAC shall forthwith open the second bid envelope of each remaining eligible Supplier whose first bid envelope was rated passed. The second envelope of each complying Supplier shall be opened within the same day. In case one or more of the requirements in the second envelope of a particular bid is missing, incomplete or patently insufficient, and/or if the submitted total bid price exceeds the ABC unless otherwise provided in ITB Clause 13.2, the BAC shall rate the bid concerned as failed. Only Page 27 of 133
bids that are determined to contain all the bid requirements for both components shall be rated passed and shall immediately be considered for evaluation and comparison. 24.3. Letters of withdrawal shall be read out and recorded during bid opening, and the envelope containing the corresponding withdrawn bid shall be returned to the Supplier unopened. If the withdrawing Supplier s representative is in attendance, the original bid and all copies thereof shall be returned to the representative during the bid opening. If the representative is not in attendance, the bid shall be returned unopened by registered mail. The Supplier may withdraw its bid prior to the deadline for the submission and receipt of bids, provided that the corresponding Letter of Withdrawal contains a valid authorization requesting for such withdrawal, subject to appropriate administrative sanctions. 24.4. If a Supplier has previously secured a certification from the Procuring Entity to the effect that it has previously submitted the above-enumerated Class A Documents, the said certification may be submitted in lieu of the requirements enumerated in ITB Clause 12.1(a), items (i) to (v). 24.5. In the case of an eligible foreign Supplier as described in ITB Clause 5, the Class A Documents described in ITB Clause 12.1(a) may be substituted with the appropriate equivalent documents, if any, issued by the country of the foreign Supplier concerned. 24.6. Each partner of a joint venture agreement shall likewise submit the requirements in ITB Clauses 12.1(a)(i) and 12.1(a)(ii). Submission of documents required under ITB Clauses 12.1(a)(iv) to 12.1(a)(vi) by any of the joint venture partners constitutes compliance. 24.7. A Supplier determined as failed has three (3) calendar days upon written notice or, if present at the time of bid opening, upon verbal notification, within which to file a request or motion for reconsideration with the BAC: Provided, however, that the motion for reconsideration shall not be granted if it is established that the finding of failure is due to the fault of the Supplier concerned: Provided, further, that the BAC shall decide on the request for reconsideration within seven (7) calendar days from receipt thereof. If a failed Supplier signifies his intent to file a motion for reconsideration, the BAC shall keep the bid envelopes of the said failed Supplier unopened and/or duly sealed until such time that the motion for reconsideration or protest has been resolved. Page 28 of 133
24.8. The Procuring Entity shall prepare the minutes of the proceedings of the bid opening that shall include, as a minimum: (a) names of Suppliers, their bid price, bid security, findings of preliminary examination; and (b) attendance sheet. The BAC members shall sign the abstract of bids as read. E. Evaluation and Comparison of Bids 25. Process to be Confidential 25.1. Members of the BAC, including its staff and personnel, as well as its Secretariat and TWG, are prohibited from making or accepting any kind of communication with any Supplier regarding the evaluation of their bids until the issuance of the Notice of Award, unless otherwise allowed in the case of ITB Clause 26. 25.2. Any effort by a Supplier to influence the Procuring Entity in the Procuring Entity s decision in respect of bid evaluation, bid comparison or contract award will result in the rejection of the Supplier s bid. 26. Clarification of Bids To assist in the evaluation, comparison, and post-qualification of the bids, the Procuring Entity may ask in writing any Supplier for a clarification of its bid. All responses to requests for clarification shall be in writing. Any clarification submitted by a Supplier in respect to its bid and that is not in response to a request by the Procuring Entity shall not be considered. 27. Domestic Preference 27.1. Unless otherwise stated in the BDS, the Procuring Entity will grant a margin of preference for the purpose of comparison of bids in accordance with the following: (a) The preference shall be applied when (i) the lowest Foreign Bid is lower than the lowest bid offered by a Domestic Supplier, or (ii) the lowest bid offered by a non-philippine national is lower than the lowest bid offered by a Domestic Entity. Page 29 of 133
(b) (c) (d) For evaluation purposes, the lowest Foreign Bid or the bid offered by a non-philippine national shall be increased by fifteen percent (15%). In the event that (i) the lowest bid offered by a Domestic Entity does not exceed the lowest Foreign Bid as increased, or (ii) the lowest bid offered by a non-philippine national as increased, then the Procuring Entity shall award the contract to the Domestic Supplier/Entity at the amount of the lowest Foreign Bid or the bid offered by a non-philippine national, as the case may be. If the Domestic Entity/Supplier refuses to accept the award of contract at the amount of the Foreign Bid or bid offered by a non- Philippine national within two (2) calendar days from receipt of written advice from the BAC, the Procuring Entity shall award to the Supplier offering the Foreign Bid or the non-philippine national, as the case may be, subject to post-qualification and submission of all the documentary requirements under these Bidding Documents. 27.2. A Supplier may be granted preference as a Domestic Entity subject to the certification from the DTI (in case of sole proprietorships), SEC (in case of partnerships and corporations), or CDA (in case of cooperatives) that the (a) sole proprietor is a citizen of the Philippines or the partnership, corporation, cooperative, or association is duly organized under the laws of the Philippines with at least seventy five percent (75%) of its interest or outstanding capital stock belonging to citizens of the Philippines, (b) habitually established in business and habitually engaged in the manufacture or sale of the merchandise covered by his bid, and (c) the business has been in existence for at least five (5) consecutive years prior to the advertisement and/or posting of the Invitation to Bid for this Project. 27.3. A Supplier may be granted preference as a Domestic Supplier subject to the certification from the DTI that the Supplier is offering unmanufactured articles, materials or supplies of the growth or production of the Philippines, or manufactured articles, materials, or supplies manufactured or to be manufactured in the Philippines substantially from articles, materials, or supplies of the growth, production, or manufacture, as the case may be, of the Philippines. 28. Detailed Evaluation and Comparison of Bids Page 30 of 133